St. Paul daily globe., 1887-05-09
EDMUNDs' OPPORTUNITY.

Mr.. EDMUNDS' senate judiciary COM
mittee, which never seems SO happy as
when it is splitting hairs over some legal
technicality, will be made entirely COM
Portable at the next meeting of congress
by the unique contest case which will
come up from West Virginia. The gov
ernor of that state refuses to issue GER
tificate of election to Judge FAULKNER,
who was recently elected by
the state legislature to succeed
MIR. CAMDEN, on the ground that
the governor had already appointed
one ID. Il. LUCAS to fill the position.
LUCAS has announced his intention to
claim the seat to which FAULKNER
was elected, and thus will be presented
the most novel contest that has ever 0c-
Cured in either branch of congress.
AT the regular session of the West Vir-
ginia Legislature, which assembled in
January, and whose duty it was to elect
a United States senator to succeed Mr..
CAMDEN, whose term expired on the
4th of March, there was deadlock, and
the legislature adjourned without max
ing choice. The federal constitution
provides that in any case where there
shall be vacancy in the Office of Sena-
tor the governor of the state shall have
power to appoint senator, who shall
hold his seat until the next meeting of
the legislature. 1t was under this power
conferred upon him by the federal con-
Stitution that the governor claims to
have appointed LUCAS. But the West
Virginia legislature having failed to
pass the necessary appropriation
bills, the governor called the body
together in extra session. The
state constitution of West Virginia says
that when Legislature is convened in
extraordinary session it STALL transact
no other business than that named in
the call issued by the governor. Gov.
WILSON did not designate the election
of United States senator as one of the
items of business to be transacted by
the legislature when convened in extra
session. And just here that the novel
ground for the contest between LUCAS
and FAULKNER arises. The conStitu-
ton of the United States made it imper-
ative on the state legislature to fill the
vacancy in the senate at the first session
after the vacancy occurred. The state
constitution absolutely prohibited the
extra session from electing senator.
1t was clear case of conflict between
the state and federal constitutions. The
legislature itself determined that it was
it was its duty to respect the provisions
of the federal constitution as being par
amount to the state constitution
and proceeded to elect a senator.
The governor of the state takes
the opposite view and refuses to issue a
certificate of election to the gentleman
who was elected by the legislature. The
case will present a novel question for
the senate to deal with, and in the set
tlement of which there is no precedent
to be guided by. If LUCAS iS admitted
on his certificate of appointment from
the governor the senate will have to de-
eide that the provisions of state con-
Stituti0n are paramount to the federal
constitution in the matter of electing
United States senators. 1t will be the
old question i'll a new form of the re-
Spective powers of the state and federal
governments. Inasmuch as the senate
is Republican and both of the contest
ants are Democrats, and there can be no
partisan considerations entering into
the contest, it is safe to assume that
Mr. EDMUNDS will utilize this Oppor-
tunity to prepare report which will
forever remain as monument to his
judicial learning. The contest affords
him the chance to make reputation as
constitutional lawyer which was never
presented to any of his illustrious pred
ecessOrs in the august body of which
he is member. And as Mr.. EDMUNDs
is supposed to be on the lookout just now
for opportunities to bring himself into
more prominence, it is reasonably GER
tain that he will not let this one pass
him by.